GOVT 345 Quiz 7
School:
Liberty University
GOVT 345 Quiz 7 Liberty University
- Hobbes was correct. The natural law theory is nothing but a justification for rebellious dissenters.
- The consent justification for obedience says consent is convenient but probably fiction; most do not give their express consent to law.
- The hard position of retribution is deontological because it deems the consequences to be immaterial.
- Punishment asks, “What are the consequences for violating a law or failing to fulfill a legal duty?”
- Retribution is one clear theory of punishment that is easy to implement.
- For defining purposes at least, the “is-ought” distinction is a profitable to punishment.
- Obedience to law is an uncommon topic because so many advocate a prima facie duty to obey law.
- “Because I said so” superficially dismisses the authority question and is akin to saying, “Obey because I am in charge.”
- The fair play justification for obedience holds that disobedience is unfair per se and will encourage others to follow suit.
- In terms of punishment, consequentialism looks backward to what was done.
- Disobedience is always akin to rebellion and thus inappropriate behavior.
- The consequentialist or weak position of retribution requires that the punishment have some overall positive effect.
- The gratitude justification says one ought to obey government because government is the source of security and benefits.
- Aristotle would say character, virtue, and the common good require obedience to just men or just laws.
- The gratitude justification argues that one ought not to bite the hand that feeds you.
- Justification of punishment can be divided into two inquiries: is the practice or institution just and is the punishment of a particular act just?
- “Because I said so” refers to the prima facia duty to obey law because it is law.
- General deterrence is fundamentally consequentialist.
- Retribution is making an example of a particular defendant by “throwing the book” at him.
- “No punishment without law” is an element of the rule of law and serves as a general guideline.